Can HOAs ban pot use in homes?

01/21/2014 | Denver Post, The

Homeowners associations in Colorado are contacting lawyers in an effort to ban the usage, growth and distribution of marijuana following the legalization of the drug in the state. Legally, HOAs can't take action until owners become a nuisance to neighbors, said Jerry Orten, an HOA legal analyst. A two-thirds vote by homeowners within an HOA could ban the use and growth of marijuana in a community, but such actions may be difficult to enforce, Orten said. Jeff Gard, a marijuana-law expert, said he believes the larger issue of a widespread ban will be decided in court.

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